Assistant Manager or Supervisor Misclassification

Many employees are incorrectly classified as exempt – or not entitled to overtime pay — because they have been assigned the job title of “manager” or “supervisor.” This may be illegal. Your job title does not determine whether you are entitled to overtime pay. Instead, whether you are paid a salary and your job duties are what matter for you to be entitled to overtime pay. Some employers give employees job titles such as “assistant manager” or “supervisor” in order to mislead employees into believing that they are not eligible to receive overtime pay. In order to be exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), you must be paid a salary and supervision must be your primary job duty. You must, among other things, supervise at least two employees a minimum of 80 hours per week. If you are an assistant manager or supervisor and do not supervise two or more employees on a full-time basis, do not have the authority to hire or fire employees, or if you spend the majority of your time performing the same duties as the employees you supervise, you may be entitled to receive overtime pay. And, blue collar employees are always entitled to overtime pay. If you believe that you might be misclassified as an exempt supervisory or executive employee, please contact Werman Salas P.C.

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